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Need some advice wrt to Spain and English Divorce! Any Spanish legal eagles out there?

(10 Posts)
MediaEspanola Tue 16-Oct-12 21:11:41

Name change as some of the details I am going to post may out me in RL.

My mum and dad got married in an English civil ceremony in the 70's. They then had a Church blessing in a Catholic church (otherwise the marriage would not be recognised in Spain).
My dad left us (eventually returning to Spain with the OW who is English). Eventually my mum applied for and was granted a divorce here in England on grounds of abandonment. Dad did not contest at all.

Dad eventually married OW in England in a civil ceremony - he was not allowed to marry her in Spain as he the divorce was not recognised. He had a blessing in a Catholic Church in Spain.

He has now told me that he and SM are still having issues wrt to the divorce and his 2nd marriage, apparently my SM is not legally recognised as being his wife.

She rang me the other day to say that they need the original Decree Nisi (which it turns out my mum has). My mum has refused to surrender it, but she has given me the address of the court that issued it.

Not sure really what to do!! Can anyone advise, why is the original needed? They have copies of the documents!

lagartija Tue 16-Oct-12 22:08:58

A couple of questions:

(I live in Spain, but I have no legal expertise)

Do your dad and SM live in Spain now? Who is asking for the documents? The Spanish authorities? Who isn't recognising the marriage, Spanish social security, tax authorities?

Did your dad ever do the paperwork for Spain to recognise his civil wedding in the uk, or is that what he's trying to get recognised now? why hasn't your dad got a decree nisi too?

DON'T send your mum's original, in my experience, you'll be highly unlikely to get it back. They'll be asking for originals in Spain because they always do. For everything.

MediaEspanola Tue 16-Oct-12 22:14:15

Thanks for your reply, no we won't be sending the original as that was my concern. My dad has a copy of the decree nisi.

He and my SM live in Spain, I am not entirely sure who it is that requires all these proofs, I think it might be social security (I think it might be to do with pension rights?). They did do a lot of paperwork to get the divorce recognised in Spain, including sending a load of incomprehensible paperwork to my mum (it was in the worst kind of legalese!!).

Collaborate Tue 16-Oct-12 23:55:03

The Decree Absolute is the decree of divorce, not the nisi.

The UK divorce is recognised in Spain - no further things have to happen in spain for this to be so. the second marriage is also recognised in spain.

MediaEspanola Wed 17-Oct-12 14:02:40

Colloborate - yes I am aware of that, which is why I did question as to why it is the decree nisi they were after, I would have thought it would be the decree absolut.

Then why the hell are they asking for the decree nisi if the divorce is recognised in spain confused

Collaborate Wed 17-Oct-12 15:02:23

Could it be the church in Spain wants to know why they divorced?

MediaEspanola Wed 17-Oct-12 15:28:38

Might be! Though neitherr of them are regular church goers!
My Dad is Catholic and both my mum and SM are CoE, maybe that is pertinent?

babybarrister Wed 17-Oct-12 20:47:45

Look at Brussels II revised - they can get a copy of the decree absolute and effectively it is automatically recognised - have a look at articles 39 onwards ...smile

MediaEspanola Thu 18-Oct-12 18:55:07

Thanks. Have emailed dad and sm with court details and let them sort it out.
I still think there is something odd going on!

fuckwittery Thu 25-Oct-12 04:54:18

they may just need a copy with an original court seal on it to produce it to official bodies in Spain, a photocopy is not usually sufficient for official purposes abroad. They can get a copy of the sealed court order from the court, so it was the right thing to do to give them the court address (you could be extra helpful and give them the court case number which appears on your copy of the decree absolute/nisi, whichever document you have).

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